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2015 (10) TMI 549 - SUPREME COURT

2015 (10) TMI 549 - SUPREME COURT - 2015 (324) E.L.T. 431 (SC) - Dispute on Transaction value for determination of Import Duty - inclusion of consideration paid for technical information provided - post importation activity Held That:- it becomes clear that the technical information which was to be provided by the Japanese company to the respondent was for the manufacture of the contract products by the respondent herein, naturally, after the setting up of the plant. This cost is, thus, incurr .....

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dv., Mr R Ramchandran, Adv., Mr Aditya Bhattacharya, Adv., Mr Hemant Bajaj, Adv., Mr Anandh K, Adv., Mr S Vasudevan, Adv. and Mr Abhinav Jaganathan, Adv ORDER A joint venture was formed between M/s. Denso Corporation Japan and M/s. Kirloskar Oil Engines Ltd., India on 07.10.1998. Thereafter, a technical licence agreement dated 28.01.1999 was entered into by the joint venture, viz., M/s. Denso Kirloskar Industries (Pvt.) Ltd., Bangalore, with M/s. Denso Corporation Japan. As per this agreement, t .....

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Japanese company and the consideration which was paid for the technical know-how provided by the Japanese company was sought to be included in the transaction value. As per this agreement, technical information which was to be provided is of the following nature: - "(4) "TECHNICAL INFORMATION" i) Designs, engineering data, manufacturing land process data, basic machinery and facility layouts, testing and quality control data, and production and testing equipment data (including d .....

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